Herring v. State’s Empirical Analysis

Citation profile

12 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “If the appellate record in a criminal case reveals error in the proceedings below, the appellate court shall reverse the judgment under review, unless the appellate court determines beyond a reasonable doubt-that the error made no contribution to the conviction or to the punishment.”

   3 later decisions quote this exact passage
   e.g. Payne v. State · Arnold v. State

2. “Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. It may, however, be admissible for other purposes, such as proof of ... identity ... provided, upon timely request by the accused, reasonable notice is given in advance of trial of intent to introduce in the State’s ease in chief such evidence other than that arising in the same transaction.”

   1 later decision quote this exact passage
   e.g. Stringer v. State

3. “clause put the appellate burden on the appellant to show harm. The issue is important because it will determine the outcome of most cases involving Rose error. If the State must show, beyond a reasonable doubt, that Rose error was harmless, appellate courts will usually reverse because the State will rarely be able to negate harm”

   1 later decision quote this exact passage
   e.g. Arnold v. State